Phillips v. Ash's Heirs & Adm'rs
Supreme Court of Alabama
Appeal from tbe Chancery Court of St, Clair. Heard before tbe Hon. H. C. Speake. Tbe bill in this case was filed on tbe 6tb May, 1878, by Jackson Phillips, against tbe widow (personally and as administratrix) and children of William M. Ash, deceased ; and sought to subject a tract of land, which had belonged to said William M. Ash in his life-time, and on which an attachment had been levied at the suit of the complainant, to the satisfaction of the judgment in the attachment…
Read the full summary
Appeal from tbe Chancery Court of St, Clair. Heard before tbe Hon. H. C. Speake. Tbe bill in this case was filed on tbe 6tb May, 1878, by Jackson Phillips, against tbe widow (personally and as administratrix) and children of William M. Ash, deceased ; and sought to subject a tract of land, which had belonged to said William M. Ash in his life-time, and on which an attachment had been levied at the suit of the complainant, to the satisfaction of the judgment in the attachment case, which had been rendered against the widow as administratrix of said Ash. The attachment suit was commenced in…
1Opinion of the CourtBrickell, C. J.
An attachment, as the leading process in the commencement of an action at law, which is executed by a levy upon the estate, real or personal, of the debtor, is unknown to the common law, derived here wholly from statutes. Its purpose is, that the jurisdiction of the court, in ulterior proceedings, may be more effectual, and to afford the plaintiff security for the satisfaction of the judgment which he may obtain. The levy, from its date, creates a lien — a right to charge the property levied upon, with the payment of the judgment rendered, in priority of any subsequent alienations the…
2Cases cited12 opinions
- McPherson v. SnowdenCourt of Appeals of Maryland · 1862
- Nelson v. McCrarySupreme Court of Alabama · 1877
- Janney v. BuellSupreme Court of Alabama · 1876
- Lamar v. GunterSupreme Court of Alabama · 1864
- Hale v. CummingsSupreme Court of Alabama · 1842
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Chandler v. HannaSupreme Court of Alabama · 1882
- Enslen v. WheelerSupreme Court of Alabama · 1893
- Henderson v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1882
- Sheffield City Co. v. Tradesmans National BankSupreme Court of Alabama · 1901
- Irwin v. IrwinSupreme Court of Alabama · 1933
13 more not listed; retrieve them via the Exa API.